PC Res 4549 - Correction to voteRESOLUTION NO. 4549
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDTIONAL USE
PERMIT WITH SITE AND ARCHITECTURAL REVIEW FOR THE
CHICK-FIL-A CAMPBELL PROJECT LOCATED AT 2060 S.
BASCOM AVENUE. File No. PLN2018-206
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
The Planning Commission finds as follows with regard to File Number PLN2018-206:
Environmental Finding
1. An Initial Study has been prepared for the proposed project which provides
documentation for the factual basis for concluding that a Mitigated Negative
Declaration may be adopted since no substantial evidence exists, in light of the
whole record, that the project may have a significant effect on the environment as
conditioned (PLN2018-206).
Evidentiary Findings
1. The Project site consists of a 46,540 square foot parcel located at 2060 S. Bascom
Avenue, at the southeast corner of South Bascom Avenue and Arroyo Seco Drive.
2. The Project Site is within the C-2 (General Commercial) Zoning District as shown on
the City of Campbell Zoning Map. The purpose of the C-2 (General Commercial)
Zoning District is as follows (CMC Sec. 21.10.050.A):
The C-2 zoning district is intended to provide a wide range of retail sales and business and
personal services primarily oriented to the automobile customer and accessible to transit
corridors, to provide for general commercial needs of the city, and to promote a stable and
attractive commercial development which will afford a pleasant shopping environment. The
building forms should typically frame the street, with parking lots located either behind or under
the structures they are designed to serve. Auto related uses (e.g., auto repair) are generally
prohibited from locating in this zoning district. The C-2 zoning district is consistent with the
general commercial land use designation of the General Plan.
3. The Project Site is designated General Commercial as shown on the General Plan
Land Use Diagram. The purpose of the General Commercial Land Use designation
(General Plan Pg. LUT-7) is as follows:
This category permits commercial uses that need exposure to high volumes of automobile traffic
or access to transit corridors. Most of the land in Campbell that is designated for General
Commercial is located along both sides of Bascom and Hamilton Avenues and parts of
Winchester Boulevard. Commercial development in these areas is highly visible, hence the
placement and scale of buildings is especially important to the community image.
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Conditional Use Permit with Site and Architectural Review (PLN2018-206)
4. The Proposed Project is an application for a Conditional Use Permit with Site and
Architectural Review to allow construction of a 4,554 square-foot fast-food restaurant
with a 84-seat interior dining area, a 16-seat outdoor dining area, a 19-vehicle drive-
through lane with outdoor activities (drive-up window), and associated site, lighting,
parking, refuse collection, and landscaping improvements (PLN2018-206); a Tree
Removal Permit to allow removal of protected on-site trees (PLN2018-207); and
adoption of a Mitigated Negative Declaration (PLN2018-206), on property located at
2060 S. Bascom Avenue in the C-2 (General Commercial) Zoning District, subject
to the attached Conditions of Approval (Exhibit A).
5. The Project’s proposed "fast-food restaurant" with "outdoor active activities" (i.e.,
drive-through window) and "outdoor seating [with] more than 12 total seats" are all
conditionally permissible land uses in the C-2 (General Commercial) Zoning District
upon approval of a Conditional Use Permit.
6. Locating the Project drive-through fast-food restaurant along a major commercial
corridor in the City of Campbell is consistent with the purposes of the General
Commercial General Plan Land Use designation and the following strategies and
policies:
Strategy LUT-2.4: Full Range of Land Uses: Provide for a full range of land uses within the City,
and for mixed-uses within specific development projects.
Policy LUT-5.1: Neighborhood Integrity: Recognize that the City is composed of residential,
industrial and commercial neighborhoods, each with its own individual
character; and allow change consistent with reinforcing positive
neighborhood values, while protecting the integrity of the city’s
neighborhoods.
Policy LUT-5.3: Variety of Commercial and Office Uses: Maintain a variety of attractive and
convenient commercial and office uses that provide needed goods, services
and entertainment
Policy LUT-11.2: Services Within Walking Distance: Encourage neighborhood services within
walking distance of residential uses.
Strategy LUT-13.1: Variety of Uses: Attract and maintain a variety of uses that create an
economic balance within the City while maintaining a balance with other
community land use needs, such as housing and open space, and while
providing high quality services to the community.
Strategy LUT-13.1c: Fiscal Effects of Land Use: Evaluate the fiscal effects of different land uses
on City revenues and services.
7. Locating the Project drive-through lane near the rear of the property where it will
accommodate the most drive-through vehicles would substantially comply with the
following General Plan strategies pertaining to the placement and orientation of
buildings and development features:
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Conditional Use Permit with Site and Architectural Review (PLN2018-206)
Strategy LUT-9.3m: Location of Service Areas: Locate parking areas, truck loading areas, drive-
through lanes and drive-through windows away from streets, out of
immediate public view, while minimizing land use conflicts and traffic
impacts.
Strategy LUT-12.c: Parking Lot Design: Design parking lots to minimize impacts on the street
system by providing adequate sized driveways, sufficient queuing and
efficient circulation.
8. Placing the Project building at the street front, allowing for parking along the interior
side and rear of the building, is consistent with the following General Plan strategy:
Strategy LUT-5.3b: Minimal Setbacks: Design commercial and office buildings city-wide to have
minimal setbacks from the sidewalk except to allow for pedestrian oriented
features such as plazas, recessed entryways, and wider sidewalks for
outdoor cafes. Discourage parking areas between the public right-of way and
the front façade of the building.
9. Removing the Project’s driveway access to and from Arroyo Seco Drive will comply
with the following General Plan strategies to discourage commercial traffic into
adjacent residential zones minimize impacts to the public street system through
appropriate placement of driveways.
Strategy LUT-5.3h: Parking and Circulation: Provide adequate parking and encourage circulation
patterns to serve commercial districts so as to discourage commercial traffic
into adjacent residential zones.
10. The Project would provide 54 parking stalls where 51 parking stalls are required,
consistent with the following General Plan Policy that requires adequate parking.
Policy LUT-5.3h: Parking and Circulation: Provide adequate parking and encourage circulation
patterns to serve commercial districts so as to discourage commercial traffic
into adjacent residential zones.
11. The Project’s accessible pedestrian pathways and seven (7) bicycle racks, which
accommodate up to 14 bicycles, are consistent with the following General Plan
strategy regarding bicycle and pedestrian connections.
Strategy LUT-11.1d: Bicycle and Pedestrian Connections in Development: Encourage new or
redeveloping projects to provide logical bicycle and pedestrian connections
on site, between parking areas, buildings, and street sidewalks and to
existing or planned public right-of-way facilities and encourage pedestrian
passages between street-front sidewalks and rear-lot parking areas. Ensure
that the bicycle and pedestrian connections interface safely.
12. The Project will not have significant transportation or traffic impacts due to the
incorporation of project specific mitigation measures. By reducing the size of the
proposed building in conformance with the Traffic Impact Study and associated
Mitigated Negative Declaration, the Project’s queuing capacity is sufficient such that
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Conditional Use Permit with Site and Architectural Review (PLN2018-206)
vehicles will not stack onto the public sidewalk or public street or otherwise impair
the public convenience, health, interest, safety, or welfare.
13. The Proposed Project incorporates high quality features and materials consistent
with the following General Plan policies and strategy:
Policy LUT-9.3: Commercial Design Guidelines: Establish commercial and mixed-use
design guidelines to ensure attractive and functional buildings and site
design, and to ensure compatibility with adjacent land uses. [Not yet
adopted]
Policy LUT-9.3: Design and Planning Compatibility: Promote high quality, creative design
and site planning that is compatible with surrounding development,
public spaces and natural resources.
Strategy LUT-9.3d: Building Design: Design buildings to revitalize streets and public spaces
by orienting the building to the street, including human scale details and
massing that engages the pedestrian.
Strategy LUT-9.3e: Building Materials: Encourage the use of long-lasting, high quality
building materials on all buildings to ensure the long-term quality of the
built environment.
14. The Proposed Project would result in a landscape area of approximately 10,497
square feet or approximately 22% of the site's net lot area, exceeding the City's
minimum 10% requirement for C-2 (General Commercial) zoned properties
consistent with the following General Plan policy and strategies that are intended to
use landscaping treatment as a means to improve the aesthetic quality and
functional use of new development projects.
Policy LUT-10.1: Landscaping: Encourage the retention and planting of landscaping to
enhance the natural and built environment.
Strategy LUT-10.1a: Natural Feature Retention: Encourage site design that incorporates or
otherwise retains natural features such as mature trees, terrain, vegetation,
wildlife and creeks.
Strategy LUT-10.1c: Outdoor Common Areas: Encourage well designed and landscaped outdoor
common areas for eating, relaxing, or recreation for new projects, and if
feasible, when buildings are remodeled or expanded. When possible, the
common outdoor areas should adjoin natural features.
Strategy LUT-10.1e: Parking Lot Screening: Plant landscaping or build decorative walls at the
interior and perimeter of parking areas as a visual screen.
15. The Proposed Project is subject to the Bascom Avenue Streetscape Standards. The
project includes installation of a 10 foot landscaped park strip with City approved
street trees and a 7-foot sidewalk along South Bascom Avenue. In addition to
retaining three (3) existing 'New Bradford' street trees, new Japanese Pagoda street
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trees will be installed in 4'x5' tree wells within the public right-of-way. The project
also includes installation of no mow turf and drip irrigation in the landscape strip.
16. The Proposed Project includes public business hours between 6:00 AM to 11:00
PM, Monday through Saturday and would be closed on Sunday, minimizing noise,
traffic, and other disturbances to adjacent residents.
Policy LUT-10.1: Land Use Limits and Controls: Amend the Zoning Ordinance to establish
limits and controls regarding operating hours for uses that are
incompatible with adjoining residential dues to noise, traffic or other
disturbances.
17. The Proposed Project will include a CaptiveAire Pollution Control Unit to minimize
odors from food preparation.
18. The Proposed Project will not create a significant hazard to the public or the
environment through reasonably foreseeable upset and accident conditions involving
the release of hazardous materials into the environment, as evidence by a Phase II
Environmental Site Assessment for the property, dated January 28, 2019.
19. There is a reasonable relationship and a rough proportionality between the
Conditions of Approval and the impacts of the project.
20. No substantial evidence has been presented from which a reasonable argument
could be made that shows that the Proposed Project, as currently presented and
subject to the required conditions of approval, will have a significant adverse impact
on the environment.
Based upon the foregoing findings of fact pursuant to CMC Section 21.46.040 and
Section 21.46.050 and in consideration of the entire administrative record, the Planning
Commission further finds and concludes that:
Conditional Use Permit Findings (CMC Sec. 21.46.040):
1. As conditioned, the proposed use is allowed within the applicable zoning district with
Conditional Use Permit approval, and complies with all other applicable provisions of
this Zoning Code and the Campbell Municipal Code;
2. As conditioned, the proposed use is consistent with the General Plan;
3. As conditioned, the proposed site is adequate in terms of size and shape to
accommodate the fences and walls, landscaping, parking and loading facilities,
yards, and other development features required in order to integrate the use with
uses in the surrounding area;
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Conditional Use Permit with Site and Architectural Review (PLN2018-206)
4. As conditioned, the proposed site is adequately served by streets of sufficient
capacity to carry the kind and quantity of traffic the use would be expected to
generate;
5. As conditioned, the design, location, size, and operating characteristics of the
proposed use are compatible with the existing and future land uses on-site and in
the vicinity of the subject property;
6. As conditioned, the establishment, maintenance, or operation of the proposed use at
the location proposed will not be detrimental to the comfort, health, morals, peace,
safety, or general welfare of persons residing or working in the neighborhood of the
proposed use, or be detrimental or injurious to property and improvements in the
neighborhood or to the general welfare of the city;
Site and Architectural Review Permit Finding (CMC Sec. 21.42.060.B):
7. The project will be consistent with the general plan;
8. The project will aid in the harmonious development of the immediate area;
9. The project is consistent with applicable adopted design guidelines, development
agreement, overlay district, area plan, neighborhood plan, and specific plan(s);
Environmental Determination (CMC Sec. 21.38.050):
10. The Mitigated Negative Declaration provides a full and adequate environmental
review for approval of the Proposed Project.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a
Conditional Use Permit with Site and Architectural Review to allow construction of a
4,554 square-foot fast-food restaurant with a 84-seat interior dining area, a 16-seat
outdoor dining area, a 19-vehicle drive-through lane with outdoor activities (drive-up
window), and associated site, lighting, parking, refuse collection, and landscaping
improvements (PLN2018-206); a Tree Removal Permit to allow removal of protected
on-site trees (PLN2018-207); and adoption of a Mitigated Negative Declaration
(PLN2018-206), on property located at 2060 S. Bascom Avenue in the C-2 (General
Commercial) Zoning District, subject to the attached Conditions of Approval (Exhibit A).
PASSED AND ADOPTED this 12th day of November, 2019, by the following roll call
vote:
AYES: Commissioners: Ching, Hines, Krey and Rivlin
NOES: Commissioners: Buchbinder and Ostrowski
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
EXHIBIT A
CONDITIONS OF APPROVAL
Conditional Use Permit with Site and Architectural Review
Where approval by the Director of Community Development, City Engineer, Public
Works Director, City Attorney or Fire Department is required, that review shall be for
compliance with all applicable conditions of approval, adopted policies and guidelines,
ordinances, laws and regulations and accepted engineering practices for the item under
review. Additionally, the applicant is hereby notified that he/she is required to comply
with all applicable Codes or Ordinances of the City of Campbell and the State of
California that pertain to this development and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
1. Approved Project: Approval is granted for a Conditional Use Permit with Site and
Architectural Review to allow construction of a 4,554 square-foot fast-food restaurant
with a 84-seat interior dining area, a 16-seat outdoor dining area, a 19-vehicle drive-
through lane with outdoor activities (drive-up window), and associated site, lighting,
parking, refuse collection, and landscaping improvements (PLN2018-206); a Tree
Removal Permit to allow removal of protected on-site trees (PLN2018-206); and
adoption of a Mitigated Negative Declaration (PLN2018-206), on property located at
2060 S. Bascom Avenue in the C-2 (General Commercial) Zoning District, subject
to the attached Conditions of Approval (Exhibit A).
The project shall substantially conform to the Project Plans (including architectural,
civil, and landscaping sheets), dated November 6, 2019 as received by the Planning
Division, except as may be modified by the Conditions of Approval herein.
2. Permit Expiration: The Conditional Use Permit with Site and Architectural Review
("Approval") shall be valid for one year from the date of Planning Commission action
(expiring November 22, 2020). Within this one-year period, a building permit must be
issued to "establish" the Approval pursuant to CMC Section 21.56.030.B.1 (Issuance
of Building Permit). Failure to meet this deadline will result in the Approval being
rendered void. Once established, this Approval shall be valid in perpetuity on the
property, except upon revocation pursuant to Condition of Approval No. 6
(Revocation of Permit).
3. Indemnity Agreement: Immediately following this Approval, the applicant and
property owner shall enter into an agreement satisfactory to the City Attorney to
indemnify and defend the City of Campbell, its officers, officials, employees, and
agents from any and all actions, liabilities, losses, and torts, including attorney’s fees
arising out of or connected unto any challenge to the decision of the City on this
application.
4. Tree Removal Permit: The Conditional Use Permit approval is contingent upon
approval of the Tree Removal Permit (PLN2018-207) allowing the removal of
protected on-site trees.
Exhibit A – Conditions of Approval Page 2 of 22
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Conditional Use Permit with Site and Architectural Review (PLN2018-206)
5. Minor Modifications: Minor Modifications to the approved project plans are subject to
review and approval by the Community Development Director. Minor modifications
include minor alterations to façade material. All other modifications are subject to
review at a public hearing.
6. Revocation of Permit: Operation of the drive-through fast-food restaurant pursuant to
this Approval is subject to Sections 21.68.020, 21.68.030 and 21.68.040 of the
Campbell Municipal Code authorizing the appropriate decision making body to
modify or revoke a land use permit if it is determined that hours of operation, outdoor
seating, and/or drive-through operation has become a nuisance to the City’s public
health, safety or welfare or for violation of Conditions of Approval or any standards,
codes, or ordinances of the City of Campbell. The business owner shall be obligated
to cover the actual cost of all staff time associated with revocation proceedings. This
obligation may be enforced by the City as permitted by law.
At the discretion of the Community Development Director, if the fast-food restaurant
generates three (3) verifiable complaints related to violations of Conditions of
Approval, including noise and hours operation within a six (6) month period, a public
hearing by the Planning Commission may be scheduled to consider modifying
Conditions of Approval or revoking the Approval. The Community Development
Director may commence proceedings for the revocation upon the occurrence of less
than three (3) complaints if the Community Development Director determines that
the alleged violation warrants such an action. The Director may also at such time
immediately restrict the establishment's hours of operation including specifically the
hours for use of the drive-through. In exercising this authority, the decision making
body may consider the following factors, among others:
a. The number and types of Police Department calls for service at or near
the establishment that are reasonably determined to be a direct result of
the business;
b. The number of complaints received from residents, business owners and
other citizens concerning the operation of an establishment; and
c. Observed violations of Conditions of Approval.
7. Planning / Zoning Clearance: Planning Division clearance is required prior to
issuance of any demolition, grading, and/or building permits.
8. Rough Faming/Planning Final Required: Planning Division sign-off is required prior
to Rough Framing inspection and Building Permit final. Construction not in
substantial compliance with the approved project plans shall not be approved
without prior authorization of the necessary approving body.
Exhibit A – Conditions of Approval Page 3 of 22
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Conditional Use Permit with Site and Architectural Review (PLN2018-206)
9. Construction Hours/Fines/Stop Work Notice: Failure to comply with permitted
working hours that result in verified complaints may result in the issuance of a Stop
Work Notice issued to the project with cessation of work for a minimum of seven (7)
days from the date of issuance and an Administrative fine of up to $1,000.
10. Timely Completion: Once under construction it shall be the obligation of the property
owner and contractor to demonstrate continued progress on the project. In the event
the building permit expires, the City may impose fines or exercise administrative
remedies to compel timely completion of work.
11. Grand Opening Plan: Prior to issuance of a building permit, the applicant shall
submit a proposed grand opening plan. The plan shall provide specific crowd control
and parking and queuing management details to minimize the community impact of
the initial operational period of the restaurant. The plan shall be subject to review
and approval by Community Development Director, Traffic Engineer, and Police
Chief, who may impose reasonable requirements to protect the public health, safety,
and welfare.
12. Pest Control: Prior to issuance of a demolition and/or building permit, the applicant
shall be required to hire a pest control company to inspect the site for rodents and
provide a report on the inspection to the City for review. If it has determined that
rodents exist, a remediation plan shall be prepared by the pest control company and
provided to the City for review and approval, and the remediation plan shall be
implemented to rid the site of rodents prior to issuance of a demolition and/or
building permit.
13. Contractor Contact Information Posting: The project site shall be posted with the
name and contact number of the lead contractor in a location visible from the public
street prior to the issuance of building permits.
14. Water Efficient Landscape Standards: This project is subject to the California Model
Water Efficient Landscape Ordinance (MWELO). The site improvement (grading &
drainage) permit plans shall demonstrate compliance with the applicable MWELO
and landscaping requirements and shall include the following:
a. A Landscape Documentation Package prepared by an authorized and
licensed professional demonstrating compliance with the full MWELO
requirements with the following required elements:
a. Project Information per Section 492.3.
b. Water Efficient Landscape Worksheet per Section 492.4 (Appendix B
of the MWELO).
i. Include the worksheet within the plan set AND
ii. Provide a separate 8.5x11 hard copy or pdf via email to the
project planner.
Exhibit A – Conditions of Approval Page 4 of 22
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Conditional Use Permit with Site and Architectural Review (PLN2018-206)
c. Soil Management Report per Section 492.5 (unless significant mass
grading is planned, in which case the report shall be submitted prior to
permit final).
d. Landscape Design Plan per Section 492.6.
e. Irrigation Design Plan per Section 492.7.
f. Grading Design Plan per Section 492.8.
Note that a Soil Management Report (if not submitted as part of the
Landscape Documentation Package) and Certificate of Completion will be
required prior to permit final.
b. A completed Landscape Information Form.
c. A note on the Cover Sheet in minimum 1/2” high lettering stating "An Irrigation
Audit, Certificate of Completion, and Certificate of Installation shall be
submitted prior to building permit final".
15. Operational Standards: Operation of the approved drive-through fast-food restaurant
shall conform to the following operational standards. Significant deviations from
these standards (as determined by the Community Development Director) shall
require approval by the Planning Commission.
a. Approved Use: The approved use is a "fast-food restaurant" with "outdoor
active activities" (i.e., drive-through window), and "outdoor seating with
more than 12 seats" as defined by the Campbell Municipal Code and limited
by the conditions of approval listed herein. Activity inconsistent with the
approved Project and conditions of approval is prohibited.
b. Live Entertainment: No live entertainment is permitted as part of this
Approval, including live music, disc jockey, karaoke, and dancing.
c. Alcohol Beverage Service: No alcohol beverage service is permitted as
part this Approval.
d. Outdoor Cooking: No outdoor cooking is permitted in association with the
establishment.
e. Outdoor Storage: No outdoor storage is permitted on the subject property.
No equipment, materials or business vehicles shall be parked and/or stored
outside the building or within the parking lot.
f. Loitering: There shall be no loitering allowed outside the business, within
the parking lot, or along the adjacent sidewalk. The business owner is
responsible for monitoring the premises to prevent loitering.
g. Restaurant Seating: Total indoor patron occupancy shall be limited to 84
interior seats, subject to the maximum occupancy capacity as determined
Exhibit A – Conditions of Approval Page 5 of 22
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Conditional Use Permit with Site and Architectural Review (PLN2018-206)
by the California Building Code (CBC). It is the responsibility of the business
owner to provide adequate entrance controls to ensure that patron
occupancy is not exceeded.
h. Outdoor Seating: Outdoor seating shall be subject to the following
standards:
i. Outdoor seating shall be limited to the patio area as depicted on the
Approved Project Plans.
ii. Total outdoor patron occupancy shall not exceed sixteen (16) seats.
iii. The design and make of all outdoor furniture (chairs, tables, and
umbrellas, barriers, etc.) shall be approved by the Community
Development Director. Umbrellas shall not have wording or logos.
iv. During non-business hours, chairs and tables shall be stacked,
stored inside, or otherwise secured to prevent unauthorized use.
v. All outdoor furniture shall be kept clean and in good repair and
replaced and/or fixed as necessary.
vi. Exterior heaters shall be electric or natural gas; propane heaters are
prohibited unless the Community Development Director approves a
propone canister enclosure.
i. Maximum Occupancy Sign: The business owner shall install a maximum
occupancy sign of a size to be determined by the Community Development
Director, conspicuously posted within the premises, which shall include the
maximum occupancy noted herein and include a visual depiction of the floor
plan included in the approved construction drawings submitted for a building
permit.
j. Hours of Operation: Hours of operation shall be limited to 6:00 A.M.to
11:00 P.M., Monday through Saturday. All patrons shall have exited the
restaurant and the parking lot by 11:00 P.M.
k. Trash Disposal and Clean-Up: Refuse and recycling receptacles shall be
kept within the enclosure except during collection in compliance with
Chapter 6.04 of the Campbell Municipal Code. The portable trash
receptacles shall be emptied daily or more frequently as necessary to
prevent refuse from overflowing. Emptying of trash receptacles and
placement of refuse and recyclable materials into the trash enclosure
receptacles shall occur only during the hours of 6:00 AM to 11:00 PM, daily.
l. Deliveries: All deliveries shall occur from 6:00 AM to 9:00 AM, daily.
Exhibit A – Conditions of Approval Page 6 of 22
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m. Parking Management:
1) Employees shall park in the parking lot of the property.
2) If the establishment results in excessive parking demand, the
Community Development Director may require preparation of a parking
management plan.
3) If the parking management plan fails to adequately address the
establishment's parking demand, the Community Development Director
may commence a revocation hearing pursuant to Condition of Approval
No. 6 (Revocation of Permit).
n. Noise:
1) The volume of the outdoor speakers shall not exceed 65 dBA at any
property line.
2) Regardless of decibel level, and taking into consideration the noise
environment of Bascom Avenue, no noise generated by the fast-food
restaurant shall obstruct the free use of neighboring properties so as to
unreasonably interfere with the comfortable enjoyment of the
neighboring residents.
o. In the event verified complaints are received by the City regarding such
noise, the Community Development Director may immediately curtail the
Hours of Operation, including specifically the hours for use of the drive-
through, pursuant to Condition of Approval No. 6 (Revocation of Permit
p. Smoking: "No Smoking" signs shall be posted on the premises in
compliance with CMC Sec. 6.11.060.
q. Property Maintenance: The business owner shall maintain all exterior
areas of the business, including the parking lot, landscaping areas, and the
adjacent sidewalk and public park strip, free from graffiti, trash, rubbish,
posters and stickers and detritus.
r. Parking and Driveways: All parking and driveway areas shall be
maintained in compliance with the standards provided in CMC Ch. 21.28
(Parking and Loading).
s. Sidewalk Maintenance: The owner/operator of the property shall provide
on-going maintenance of the sidewalks and shall pressure wash the
sidewalks as necessary or as required by the Community Development
Director or Director of Public Works to remove all spills, gum and food.
Sidewalks and parking lots shall be swept regularly to prevent the
Exhibit A – Conditions of Approval Page 7 of 22
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accumulation of litter and debris. Debris resulting from pressure washing
shall be trapped and collected to prevent entry into the storm drain system.
Wash water containing any cleaning agent or degreaser shall be collected
and discharged to the sanitary sewer and shall not be discharged to a storm
drain. The applicant shall contact the West Valley Sanitation District for
specific connection and discharge requirements.
t. Landscape Maintenance: All landscaped areas shall be continuously
maintained in accordance with CMC Chapter 21.26. Landscaped areas
shall be kept free of weeds, trash, and litter. Dead or unhealthy plants shall
be replaced with healthy plants of the same or similar type.
u. Graffiti Removal: The property owner shall be responsible for the removal
of any graffiti from walls, fences or structures on the project site within one
week of notification by the Community Development Director or their
designate.
v. Security: If deemed necessary by the Police Department, the business
owner shall prepare a security plan to the satisfaction of the Police Chief,
including, but not limited to, provision of private security and/or security
cameras.
16. Lighting:
a. All lighting shall comply with the development standards of section 21.18.090
(lighting design standards), including but not limited to being energy efficient
and fully shielded or recessed.
b. All on-site exterior light poles shall have a maximum height of 10-feet from
grade.
c. All exterior lighting shall include timers that completely turn off or significantly
dim exterior light fixtures at the close of business hours when the exterior
lighting is not essential for security and safety.
17. Wall: The 3-foot tall wall that is illustrated on the Site Plan, dated November 6,
2019, shall be redesigned as follows:
a. The northeastern corner of the property shall be developed with a minimum
4-foot wide accessible pedestrian path from Arroyo Seco Drive to the entrance
of the building.
b. A 6-foot tall wall shall be installed between the pedestrian opening at the
northeastern corner of the property and the midpoint of the drive-through lane
(approximately where the double-lane converts to a single-lane). The
Exhibit A – Conditions of Approval Page 8 of 22
2060 S. Bascom Avenue – Chick-fil-A
Conditional Use Permit with Site and Architectural Review (PLN2018-206)
remainder of the wall that surrounds the drive-through lane shall be 3-feet tall,
as shown on the site plan dated November 6, 2019.
c. The landscaping plan shall be revised with landscape materials that are the
approximate height of the wall surrounding the drive-through lane.
18. Signage: Other than traffic control signage, no signs have been reviewed or
approved by this application. Any proposed signage will need to meet current zoning
ordinance standards and separately obtain approval of a Sign Permit application as
required.
19. Traffic Sign: To inform motorists to use Apricot Avenue as an alternative route if the
South Bascom Avenue southbound left-turn lane is full, the project applicant shall
fund the design and installation of a regulatory sign within the median at the northern
end of the left-turn lane which reads “DO NOT BLOCK THRU LANE - USE NEXT
SIGNAL” or a similar message. The sign shall comply with standards described in
the latest edition of the California Manual on Uniform Traffic Control Devices (CA-
MUTCD) and also be approved by the City Department of Public Works, prior to
installation.
20. Sewer Lateral: The minimum sewer lateral size for the proposed restaurant shall be
6-inches.
21. Trash and Recycling Enclosure: The applicant shall submit details regarding the
design and location of a trash and recycling enclosure(s) to the Planning Division for
review and approval by the Community Development Director prior to the issuance
of building permits for the project.
Trash Containers of a size and quantity necessary to serve the new building shall be
in areas approved by the Fire Department and Community Development Director.
Unless otherwise noted, enclosures shall consist of a concrete floor surrounded by a
six-foot high solid wall and have decorative doors and designed to be architecturally
compatible to the building. The enclosure shall be constructed at grade level and
have a level area adjacent to the trash enclosure area to service the containers.
Driveways or aisles shall provide unobstructed access for collection vehicles and
personnel and provide at least the minimum clearance required by the collection
methods and vehicles utilized by the designated collector. The wall, gate and
surface inside the enclosure must be kept in sound repair and condition. The refuse
and recycling containers shall be kept in the enclosure at all times except when
being emptied by collection personnel.
Areas around trash enclosures, recycling areas, and/or trash compactor enclosures
shall not discharge to the storm drain system. Any drains installed in or beneath
dumpster and compactor facilities shall be connected to the sanitary sewer. The
Exhibit A – Conditions of Approval Page 9 of 22
2060 S. Bascom Avenue – Chick-fil-A
Conditional Use Permit with Site and Architectural Review (PLN2018-206)
applicant shall contact the West Valley Sanitation District for specific connection and
discharge requirements.
22. Location of Mechanical Equipment: No roof-mounted mechanical equipment (e.g.,
air conditioning units) shall be located on the roof of building without providing
screening of the mechanical equipment from public view and surrounding properties.
Screening material and method shall require review and approval by the Community
Development Director prior to installation of such mechanical equipment screening.
23. Roof Screen: Prior to issuance of building permits for the applicant shall submit a
detailed plan for any roof screens for review and approval by the Community
Development Director. The roof screens shall be compatible with the overall design
of the building in terms of color and material and must completely screen the
equipment from view. The roof screen plan shall be subject to review and approval
by the Community Development Director.
24. Planning Mitigation Monitoring Fee: Prior to issuance of building or grading permits
the applicant shall pay a Mitigation Monitoring Fee as established by the Schedule of
Fees.
25. Mitigation Measures: The approved project shall incorporate all Mitigation Measures
identified in the Mitigated Negative Declaration, as restated below for reference:
Air Quality Mitigation Measure AQ-1: The project shall implement all of the
BAAQMD’s Basic Construction measures, as follows:
AQ-1.1: All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded
areas, and unpaved access roads) shall be watered two times per day, unless
otherwise directed by the Site Management Plan.
AQ-1.2: All haul trucks transporting soil, sand, or other loose material off-site shall be
covered.
AQ-1.3: All visible mud or dirt track-out onto adjacent public roads shall be removed
using wet power vacuum street sweepers at least once per day. The use of dry power
sweeping is prohibited.
AQ-1.4: All vehicle speeds on unpaved roads shall be limited to 15 mph.
AQ-1.5: All roadways, driveways, and sidewalks to be paved shall be completed as
soon as possible. Building pads shall be laid as soon as possible after grading unless
seeding or soil binders are used.
AQ-1.6: Idling times shall be minimized either by shutting equipment off when not in
use or reducing the maximum idling time to 5 minutes (as required by the California
airborne toxics control measure Title 13, Section 2485 of California Code of
Regulations [CCR]). Clear signage shall be provided for construction workers at all
access points.
Exhibit A – Conditions of Approval Page 10 of 22
2060 S. Bascom Avenue – Chick-fil-A
Conditional Use Permit with Site and Architectural Review (PLN2018-206)
AQ-1.7: All construction equipment shall be maintained and properly tuned in
accordance with manufacturer’s specifications. All equipment shall be checked by a
certified mechanic and determined to be running in proper condition prior to operation.
AQ-1.8: Post a publicly visible sign with the telephone number and person to contact
at the lead agency regarding dust complaints. This person shall respond and take
corrective action within 48 hours. The Air District‘s phone number shall also be visible
to ensure compliance with applicable regulations.
Air Quality Mitigation Measure AQ-2: To minimize odors from food preparation, the
project applicant or project contractor shall install a CaptiveAire Pollution Control Unit
(PCU). The installed PCU shall be optioned to include the odor control module and, at
minimum, shall be rated to have an initial removal efficiency of over 70 percent. The
project applicant and/or business owner shall replace filters per manufacturer
recommendations. Prior to issuance of the Certificate of Occupancy, the City of
Campbell shall verify, to its satisfaction, the proper installation of the PCU.
Biological Resources Mitigation Measure BIO-1: Prior to site clearance, the project
applicant shall retain a qualified biologist to conduct preconstruction nesting bird
surveys as follows: If tree removal would occur during the nesting season (February 1 to
August 31), preconstruction surveys shall be conducted no more than 14 days prior to
the start of tree removal or construction. Preconstruction surveys shall be repeated at
14-day intervals until construction has been initiated in the area after which surveys can
be stopped. Locations of active nests containing viable eggs or young birds of protected
bird species shall be documented and protective measures implemented under the
direction of the qualified biologist until the nests no longer contain eggs or young birds.
Protective measures shall include establishment of clearly delineated exclusion zones
(i.e., demarcated by identifiable fencing, such as orange construction fencing or
equivalent) around each nest location as determined by a qualified biologist, taking into
account the species of birds nesting, their tolerance for disturbance, and proximity to
existing development. In general, exclusion zones shall be a minimum of 300 feet for
raptors and 75 feet for passerines and other birds. The active nest within an exclusion
zone shall be monitored on a weekly basis throughout the nesting season to identify
signs of disturbance and confirm nesting status. The radius of an exclusion zone may
be increased by the qualified biologist if project activities are determined to be adversely
affecting the nesting birds. Exclusion zones may be reduced by the qualified biologist
only in consultation with CDFW. The protection measures shall remain in effect until the
young have left the nest and are foraging independently or the nest is no longer active.
No surveys are required before vegetation disturbance between September 1 and
January 31, that is, outside of the nesting season.
Cultural Resources Mitigation Measure CUL-1: If archaeological, paleontological,
or tribal resources are encountered during excavation or construction, construction
personnel shall be instructed to immediately suspend all activity in the immediate
vicinity of the suspected resources and the City and a licensed archeologist or
Exhibit A – Conditions of Approval Page 11 of 22
2060 S. Bascom Avenue – Chick-fil-A
Conditional Use Permit with Site and Architectural Review (PLN2018-206)
paleontologist shall be contacted to evaluate the situation. A licensed archeologist or
paleontologist shall be retained to inspect the discovery and make any necessary
recommendations to evaluate the find under current CEQA guidelines prior to the
submittal of a resource mitigation plan and monitoring program to the City for review
and approval prior to the continuation of any on-site construction activity.
Cultural Resources Mitigation Measure CUL-2: In the event a human burial or
skeletal element is identified during excavation or construction, work in that location
shall stop immediately until the find can be properly treated. The City and the Santa
Clara County Coroner’s office shall be notified. If deemed prehistoric, the Coroner’s
office would notify the Native American Heritage Commission who would identify a
"Most Likely Descendant (MLD)." The archeological consultant and MLD, in
conjunction with the project sponsor, shall formulate an appropriate treatment plan for
the find, which might include, but not be limited to, respectful scientific recording and
removal, being left in place, removal and reburial on site, or elsewhere. Associated
grave goods are to be treated in the same manner.
Geology and Soils Mitigation Measure GEO-1: The applicant shall comply with the
recommendations in the Geotechnical Evaluation, dated February 20, 2018 by Giles
Engineering Associates. Such recommendations shall be incorporated into the project’s
final engineering design as submitted to the Campbell Building Division for issuance of
a building permit. The project shall use standard engineering techniques and conform to
the requirements of the International Building Code to reduce the potential for seismic
damage and risk to future occupants.
Hazards and Hazardous Materials Mitigation Measure HAZ-1: Prior to issuance of a
demolition permit, a qualified contractor shall assess the property for presence of lead-
based paint (LBP) and asbestos containing building materials (ACBM), and if present,
prepare a plan, to the satisfaction of the Building Official, to properly manage and
dispose of such materials.
Hazards and Hazardous Materials Mitigation Measure HAZ-2: The applicant shall
comply with all applicable laws and regulations governing the use, storage,
transportation, and disposal of clean soil, contaminated soil, hazardous waste/materials,
or other regulated waste/materials to ensure that all potentially hazardous materials are
used and handled in an appropriate manner and would minimize the potential for safety
impacts.
Hazards and Hazardous Materials Mitigation Measure HAZ-3: Prior to issuance of
a demolition or grading permit, the applicant shall obtain a Phase II Environmental
Site Assessment (ESA) to determine if a vapor encroachment condition (VEC) exists
on the subject property and shall submit it to the Community Development Director for
review.
Exhibit A – Conditions of Approval Page 12 of 22
2060 S. Bascom Avenue – Chick-fil-A
Conditional Use Permit with Site and Architectural Review (PLN2018-206)
Hazards and Hazardous Materials Mitigation Measure HAZ-4: If a vapor
encroachment condition (VEC) exists on the subject property, the applicant shall
contact the Santa Clara County Department of Environmental Health (DEH) to
determine the appropriate actions necessary to mitigate potentially significant impacts
to groundwater resources, human health, safety, and the environment. The applicant
shall provide the DEH with sufficient data to adequately evaluate soil, groundwater,
and soil vapor.
Hazards and Hazardous Materials Mitigation Measure HAZ-5: Prior to issuance of
a demolition or grading permit, the proposed mitigation actions shall be submitted to
the Community Development Director for review and approval. The applicant shall
work in collaboration with the City and the DEH to facilitate an efficient and effective
site remediation plan.
Hazards and Hazardous Materials Mitigation Measure HAZ-6: Prior to the
issuance of building permits, the remediation plan shall be approved by the Santa
Clara County Department of Environmental Health.
Hazards and Hazardous Materials Mitigation Measure HAZ-7: The applicant shall
obtain all required permits, licenses, and/or other clearances, and shall comply with all
orders, laws, regulations, and/or other requirements of all applicable regulatory and/or
enforcement agencies, such as, but not limited to the Santa Clara County Department
of Environmental Health, the California Highway Patrol, the California Department of
Transportation, Water and Air Quality Control Boards, Valley Water, County Fire
Department, the Department of Toxic Substances Control (if applicable), etc.
Hazards and Hazardous Materials Mitigation Measure HAZ-8: Prior to issuance of
the Certificate of Occupancy, the applicant shall obtain written confirmation via a
Closure Letter from the Santa Clara County Department of Environmental Health that
certifies that no further action is required.
Hydrology and Water Quality Mitigation Measure HWQ-1: Prior to issuance of any
grading or building permits, the applicant shall comply with all requirements of the City
of Campbell Public Works Department, including but not limited to the National Pollution
Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water
District requirements, and the Campbell Municipal Code.
Transportation/Traffic Mitigation Measure TT-1: The project applicant shall reduce the size of the proposed project by 300 square feet (from 4,998 to 4,698 square feet)
in order to reduce the number of anticipated vehicle trips using the southbound left-
turn lane to a degree where the resulting queue length would be adequately
accommodated within the storage length available.
Exhibit A – Conditions of Approval Page 13 of 22
2060 S. Bascom Avenue – Chick-fil-A
Conditional Use Permit with Site and Architectural Review (PLN2018-206)
Building Division
26. Construction Activity: The following standards shall apply to construction of the
project:
Construction Hours (CMC 18.04.052): Construction activity shall be limited to the
hours of 8:00 AM to 5:00 PM daily, Monday through Friday. Saturday hours of
construction shall be 9:00 AM to 4:00 PM. There shall be no construction activity
on Sundays or National Holidays.
Construction Noise (CMC 18.04.052): No loud environmentally disruptive noise
over fifty dbs., such as air compressors without mufflers, continuously running
motors or generators, loud playing musical instruments or radios will be allowed
during the authorized hours of construction, Monday through Saturday, where
such noise may be a nuisance to adjacent residential neighbors. Such nuisances
shall be discontinued.
Contractor Contact Information Posting: The project site shall be posted with the
name and contact number of the lead contractor in a location visible from the
public street prior to the issuance of building permits.
Best Management Practices: Use standard dust and erosion control measures
that comply with the adopted Best Management Practices for the City of
Campbell.
27. Permits Required: A building permit application shall be required for the proposed
new commercial restaurant structure. The building permit shall include Electrical/
Plumbing/ Mechanical fees when such work is part of the permit.
28. Conditions of Approval: The conditions of Approval shall be stated in full on the
cover sheet of construction plans submitted for building permit.
29. Size of Plans: The minimum size of construction plans submitted for building permits
shall be 24 in. X 36 in.
30. Plan Preparation: This project requires plans prepared under the direction and
oversight of a California licensed Engineer or Architect. Plans submitted for building
permits shall be “wet stamped” and signed by the qualifying professional person.
31. Site Plan: Application for building permit shall include a competent site plan that
identifies property and proposed structures with dimensions and elevations as
appropriate. Site plan shall also include site drainage details. Site address and
parcel numbers shall also be clearly called out. Site parking and path of travel to
public sidewalks shall be detailed.
32. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the
Building Official, containing foundation and retaining wall design recommendations
Exhibit A – Conditions of Approval Page 14 of 22
2060 S. Bascom Avenue – Chick-fil-A
Conditional Use Permit with Site and Architectural Review (PLN2018-206)
shall be submitted with the building permit application. This report shall be prepared
by a licensed engineer specializing in soils mechanics.
33. Foundation Inspection: A pad certificate prepared by a licensed civil engineer or land
surveyor shall be submitted to the project building inspector upon foundation
inspection. This certificate shall certify compliance with the recommendations as
specified in the soils report and the building pad elevation and on-site retaining wall
locations and elevations are prepared according to approved plans. Horizontal and
vertical controls shall be set and certified by a licensed surveyor or registered civil
engineer for the following items:
a. pad elevation
b. finish floor elevation (first floor)
c. foundation corner locations
34. Title 24 Energy Compliance: California Title 24 Energy Standards Compliance forms
shall be blue-lined on the construction plans. Compliance with the Standards shall
be demonstrated for conditioning of the building envelope and lighting of the
building.
35. Special Inspections: When a special inspection is required by C.B.C. Chapter 17, the
architect or engineer of record shall prepare an inspection program that shall be
submitted to the Building Official for approval prior to issuance of the building
permits, in accordance with C.B.C Chapter 1, Section 106. Please obtain City of
Campbell, Special Inspection forms from the Building Inspection Division Counter.
36. Non-Point Source: The City of Campbell, standard Santa Clara Valley Non-point
Source Pollution Control Program specification sheet shall be part of plan submittal.
The specification sheet (size 24” X 36”) is available at the Building Division service
counter.
37. Title 24 Accessibility – Commercial: On site general path of travel shall comply with
the latest California Title 24 Accessibility Standards. Work shall include but not be
limited to accessibility to building entrances from parking facilities and sidewalks.
38. Title 24 Accessibility – New Commercial: This project shall comply fully with Chapter
11B of the California Building Code 2016 ed.
39. Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
a. West Valley Sanitation District
b. Santa Clara County Fire Department
c. Bay Area Air Quality Management District (Demolitions Only)
d. Santa Clara County Department of Environmental Health
e. San Jose Water Company (279-7900)
Exhibit A – Conditions of Approval Page 15 of 22
2060 S. Bascom Avenue – Chick-fil-A
Conditional Use Permit with Site and Architectural Review (PLN2018-206)
f. School District:
i) Campbell Union School District (378-3405)
ii) Campbell Union High School District (371-0960)
iii) Moreland School District (874-2900)
iv) Cambrian School District (377-2103)
40. P.G.& E.: Applicant is advised to contact Pacific Gas and Electric Company as early
as possible in the approval process. Service installations, changes and/or
relocations may require substantial scheduling time and can cause significant delays
in the approval process. Applicant should also consult with P.G. and E. concerning
utility easements, distribution pole locations and required conductor clearances.
41. Storm Water Requirements: Storm water run-off from impervious surface created by
this permitted project shall be directed to vegetated areas on the project parcel.
Storm water shall not drain onto neighboring parcels.
42. Demolition Permit: A Demolition permit shall be obtained for all structures to be
removed on the site, prior to issuance of the building permit.
43. California Green Building Code: This project is subject to the mandatory
requirements for new non-residential structures (Chapter 5) under the California
Green Building Code, 2016 edition.
PUBLIC WORKS DEPARTMENT
44. The scope of this project triggers the requirement for Frontage Improvements as
required by Campbell Municipal Code 1.24.040. The City of Campbell's adopted
Streetscape Standards identify this portion of Bascom Avenue as an Image Street
with very specific frontage improvement requirements as shown on pages 7 & 8 of
the document. The scope of this project triggers the requirement for the installation
of the streetscape improvements (see page 14 of the document) and the applicant
will be required to construct these improvements and have them completed prior to
occupying the building. The Streetscape Standards can be viewed here:
(http://www.cityofcampbell.com/DocumentCenterNiew/168). The Arroyo Seco Drive
frontage will need to be upgraded to standard commercial sidewalk (10 feet in
width) with tree wells for new City street trees behind the curb (similar to the
existing frontage to the west of the existing driveway).
45. Construction Drawings: The applicant shall submit the required Street Improvement
Plans, Street Dedication, and Grading and Drainage plans directly to the Public
Works Department prior to, or concurrent with the Building permit application. Said
application shall include the following:
a. Response Letter: Upon submittal of the Street Improvement Plans, Street
Dedication, and Grading and Drainage plans the applicant shall provide an
itemized response letter verifying that all the Public Works Conditions of
Exhibit A – Conditions of Approval Page 16 of 22
2060 S. Bascom Avenue – Chick-fil-A
Conditional Use Permit with Site and Architectural Review (PLN2018-206)
Approval have been met or addressed.
b. Submittal Requirements: The checklist for the various plans required for
submittal can be found on the City's Website at City
Services Public Works Engineering Land Development Documents, (or
use this link: http://www.cityofcanmbell.com/206/Documents). See
instructions on:
Checklist for Street Improvement Plans
Checklist for Grading and Drainage Plans
Street Dedication Requirements
46. Right-of-Way for Public Street Purposes: Prior to issuance of any building permits
for the site, the applicant shall fully complete the process to cause additional right-of-
way to be granted in fee for public street purposes along the South Bascom Avenue
frontage to accommodate the required Image Street improvements, unless
otherwise approved by the City Engineer. The applicant shall submit the necessary
documents for approval by the City Engineer, process the submittal with City staff’s
comments and fully complete the right-of- way process. The applicant shall cause all
documents to be prepared by a registered civil engineer/land surveyor, as
necessary, for the City's review and recordation.
47. Grading and Drainage Plan: Prior to issuance of any building permits for the site, the
applicant shall conduct hydrology studies based on a ten-year storm frequency,
prepare an engineered grading and drainage plan, and pay fees required to obtain
necessary grading permits. Prior to occupancy, the design engineer shall provide
written certification that the development has been built per the engineered grading
and drainage plans.
48. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or
building permits, the applicant shall comply with the National Pollution Discharge
Elimination System (NPDES) permit requirements, Santa Clara Valley Water District
requirements, and the Campbell Municipal Code regarding stonhwater pollution
prevention. Specifically, the project must include source control, site design and
treatment measures to achieve compliance with Provision C.3. of the NPDES
Permit. Measures may include, but are not limited to, minimization of impervious
surface area, vegetated swales, infiltration areas, and treatment devices. The
primary objectives are to improve the quality and reduce the quantity of stormwater
runoff to the bay.
Resources to achieve these objectives include Stormwater Best Management
Practices Handbook for New Development and Redevelopment ("CA BMP
Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start
at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start
at the Source") by the Bay Area Stormwater Management Agencies Association
Exhibit A – Conditions of Approval Page 17 of 22
2060 S. Bascom Avenue – Chick-fil-A
Conditional Use Permit with Site and Architectural Review (PLN2018-206)
(BASMAA), 1999; and Using Site Design Techniques to Meet Development
Standards for Stormwater Quality: A Companion Document to Start at the Source
("Using Site Design Techniques") by BASMAA, 2003.
Upon submission of the preliminary site/grading plans, the applicant shall calculate
and submit to the City the amount of impervious surface created by the
development including the types of stormwater controls to be used. The applicant
shall submit preliminary sizing and design showing stormwater controls meet the
City's requirements.
Prior to issuance of any grading or building permits:
a. The applicant's designer or engineer shall submit the required certification
indicating that sizing, selection, and design of treatment BMP's for the
project site has been completed to meet the requirements of the City of
Campbell's NPDES permit, No. 01-119, Provision C.3.
b. The applicant shall sign the "Covenants for the Operation and Maintenance
of Stormwater Facilities" and submit a Stormwater Management Plan.
Prior to occupancy:
a. A qualified BMP certifier is required to inspect the stormwater
management facilities, submit a complete set of as-built drawings to Public
Works Engineering, and certify on these drawings that:
1. The stormwater management facilities were constructed in
compliance with the approved plans.
2. The as-built drawings show all pertinent constructed dimensions,
elevations, shapes, and materials.
3. All variations in construction from the approved design plan
have been identified, including omissions to and additions
from the approved plan.
Any changes are in conformance with local, state, or federal regulations.
49. Street Improvement Agreements I Plans I Encroachment Permit I Fees I Deposits:
Prior to issuance of any building permits, the applicant shall execute a street
improvement agreement, cause plans for public street improvements to be prepared
by a registered civil engineer, pay various fees and deposits, post security and
provide insurance necessary to obtain an encroachment permit for construction of
Exhibit A – Conditions of Approval Page 18 of 22
2060 S. Bascom Avenue – Chick-fil-A
Conditional Use Permit with Site and Architectural Review (PLN2018-206)
the standard public street improvements, as required by the City Engineer. The
plans shall include the following, unless otherwise approved by the City Engineer:
South Bascom Avenue
a. Show location of all existing utilities within the new and existing public right of
way.
b. This project is subject to the City's Streetscape Standards for Bascom
Avenue, which requires a 10 foot landscaped park strip with City approved
street trees 40 feet on centeri and a 7 foot sidewalk along S. Bascom
Avenue.
c. Removal of existing driveway approach and necessary sidewalk, curb and
gutter.
d. Installation of ADA compliant driveway using City Standard Detail D-19.
e. Installation of new Accessible compliant curb ramp at the southeast comer
of South Bascom Avenue and Arroyo Seco Drive.
f. Install no mow (fine fescue and hair grass Deschampsia) turf and drip
irrigation in the landscape strip.
g. Installation of asphalt concrete overlay per street pavement restoration plan
for utility installation and/or abandonment, as required by the City Engineer.
h. Installation of traffic control, stripes and signs.
i. Construction of conforms to existing public a.-.-id private improvements, as
necessary.
Arroyo Seco Drive
a. Show location of all existing utilities within the existing public right of way.
b. Removal of existing driveway approach on Arroyo Seco Drive.
c. Installation of City standard curb, gutter, and. commercial sidewalk.
Installation of engineered structural pavement section to centerline, as
required by the City Engineer.
d. Installation of City street trees in 4'x5' tree wells installed at back of curb.
Existing three (3) 'New Bradford' street trees to remain, additional new street
trees shall be of the species Sophora japonica 'Regent' Japanese Pagoda.
e. Installation of asphalt concrete overlay per street pavement restoration plan
for utility installation and/or abandonment, as required by the City Engineer.
f. Installation of traffic control, stripes and signs, including but not limited to:
g. Upgrade existing streetlight fixture to LED.
h. Construction of conforms to existing public and private improvements, as
necessary.
Exhibit A – Conditions of Approval Page 19 of 22
2060 S. Bascom Avenue – Chick-fil-A
Conditional Use Permit with Site and Architectural Review (PLN2018-206)
i. Submit final plans in a digital format acceptable to the City.
50. Street Improvements Completed for Occupancy and Building Permit Final: Prior to
allowing occupancy and/or final building permit signoff for any and/or all buildings,
the applicant shall have the required street improvements and pavement restoration
installed and accepted by the City, and the design engineer shall submit as-built
drawings to the City.
51. Maintenance of Landscaping: Owner(s), current and future, are required to maintain
the landscaped park strip and tree wells in the public right of way. This includes, but
is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a
manner that would not allow the tree to grow to a mature height.
52. Utility Encroachment Permit: Separate encroachment permits for the installation of
utilities to serve the development will be required (including water, sewer, gas,
electric, etc.). Applicant shall apply for and pay all necessary fees for utility permits
for sanitary sewer, gas, water, electric and all other utility work.
53. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and
sewer cleanout(s) shall be relocated or installed on private property behind the
public right-of-way line.
54. Utility Coordination Plan: Prior to issuance of building permits for the site, the
applicant shall submit a utility coordination plan and schedule for approval by the
City Engineer for installation and/or abandonment of all utilities. The plan shall
clearly show the location and size of all existing utilities and the associated main
lines; indicate which utilities and services are to remain; which utilities and services
are to be abandoned, and where new utilities and services will be installed. Joint
trenches for new utilities shall be used whenever possible.
55. Pavement Restoration: The applicant shall restore the pavement in compliance with
City standard requirements. In the event that the roadway, has recently received a
pavement treatment or reconstruction, the project will be subject to the City's Street
Cut Moratorium. The applicant will be required to perform enhanced pavement
restoration consistent with the restoration requirements associated with the Street
Cut Moratorium. The City's Pavement Maintenance Progran website has detailed
information on the streets currently under moratorium and the enhanced restoration
requirements.
56. Additional Street Improvements: Should it be discovered after the approval process
that new utility main lines, extra utility work or other work is required to service the
development, and should those facilities or other work affect any public
improvements, the City may add conditions to the development/project/permit, at the
discretion of the City Engineer, to restore pavement or other public improvements
to the satisfaction of the City.
Exhibit A – Conditions of Approval Page 20 of 22
2060 S. Bascom Avenue – Chick-fil-A
Conditional Use Permit with Site and Architectural Review (PLN2018-206)
57. Traffic Mitigation: Prior to issuance of any grading or building permits for the site, the
applicant shall satisfy the traffic mitigation measures identified in the Project Final
Traffic Impact Analysis Report and Mitigated Negative Declaration.
58. Trash Enclosure Requirements:
NPDES Permit No. CAS612008 (CRWQCB): C.3.a.i. (7):
For all new development and redevelopment projects that are subject to the
Permittee's planning, building, development, or other comparable review, but not
regulated by Provision C.3, encourage the inclusion of adequate source control
measures to limit pollutant generation, discharge, and runoff. These source control
measures should include:
Covered trash, food waste, and compactor enclosures.
Campbell Municipal Code 14.02.030 "Stormwater Pollution Control I
Requirements". The code states that no pollutants or water containing
pollutants can be discharged into the City's storm drain system. Trash
enclosures contain pollutants. During a rain event (or during general cleaning)
water washes over and into roofless enclosures, collecting pollutants and
discharging to the City's storm drain system. Applicants are required to show
how new trash enclosures will not discharge pollutants into the storm drain
system. One possible method is to provide a sanitary drain in the trash
enclosure.
West Valley Sanitation District (WVSD), the local sanitary sewer agency, will
require a roof on the enclosure if the trash enclosure drain connects to their
sanitary sewer system.
COUNTY FIRE DISTRICT
Note: Review of this Developmental proposal is limited to acceptability of site access
and water supply as they pertain to fire department operations, and shall not be
construed as a substitute for formal plan review to determine compliance with adopted
model codes. Prior to performing any work the applicant shall make application to, and
receive from, the Building Department all applicable construction permits.
59. Fire Sprinklers Required: (Noted on sheet SP-1) Approved automatic sprinkler
systems in new and existing buildings and structures shall be provided in the
locations described in this Section or in Sections 903.2.1 through 903.2.18
whichever is the more restrictive. For the purposes of this section, firewalls used to
separate building areas shall be constructed in accordance with the California
Building Code and shall be without openings or penetrations. NOTE: The owner(s),
occupant(s) and any contractor(s) or subcon tractor(s) are responsible for consulting
with the water purveyor of record in order to determine if any modification or upgrade
Exhibit A – Conditions of Approval Page 21 of 22
2060 S. Bascom Avenue – Chick-fil-A
Conditional Use Permit with Site and Architectural Review (PLN2018-206)
of the existing water service is required. A State of California licensed (C-16) Fire
Protection Contractor shall submit plans, calculations, a completed permit
application and appropriate fees to this department for review and approval prior to
beginning their work. CFC Sec. 903.2 as adopted and amended by CBLMC.
60. Public/Private Fire Hydrant(s) Required: (Noted 011 sheet SP-1) Provide public fire
hydrant(s) at location(s) to be determined jointly by the Fire Department and San
Jose Water Company. Maximum hydrant spacing shall be 500 feet, with a minimum
single hydrant flow of 1000 GPM at 20 psi, residual. Fire hydrants shall be provided
along required fire apparatus access roads and adjacent public streets. CFC Sec.
507, and Appendix B and associated Tables, and Appendix C.
61. Fire Department (Engine) Roadway Turnaround Required: (Noted on sheet SP-1)
Provide an approved fire department engine roadway turnaround with a minim um
radius of 42 feet outside and 23 feet inside. Installations shall conform with Fire
Department Standard Details and Specification sheet A-1. cul-de-sac. CFC Sec. 503
as adopted and amended by CBLPMC.
62. Required Emergency Access: (Noted on sheet SP-1) Minimum clear wid th: The
minimum clear width of fire department access roads shall be 20 feet. Facilities,
buildings or portions of buildings hereafter constructed shall be accessible to fire
department apparatus by way of an approved fire apparatus access road (including
bridges and culverts) with an asphalt, concrete or other approved driving surface
capable of supporting the imposed load of fire apparatus weighing at least 75,000
pounds (34050 kg) or as otherwise determined by the fire code official. The
proposed location of the new structure and revised locations of parking spaces
impedes the minimum required access to portions of both the new and existing
structures. CFC Sec. 503 and SCCFD SD&S A-1.
63. Timing of installation. When fire apparatus access roads or a water supply for fire
protection is required to be installed, such protection shall be installed and made
serviceable prior to and during the time of construction except when approved
alternative methods of protection are provided. Temporary street signs shall be
installed at each street intersection when construction of new road ways allows
passage by vehicles in accordance with Section 505.2 CFC Sec. 501.4.
64. Construction Site Fire Safety: All construction sites must comply with applicable
provisions of our Standard Detail and Specification SI-7 and Chapter 33 of the
currently adopted edition of the California Fire Code. This must be submitted to, and
approved by this office prior to commencing any demolition / construction activities.
65. Water Supply Requirements: Potable water supplies shall be protected from
contamination caused by fire protection water supplies. It is the responsibility of the
applicant and any contractors and subcon tractors to contact the water purveyor
supplying the site of such project, and to comply with the requirements of that
Exhibit A – Conditions of Approval Page 22 of 22
2060 S. Bascom Avenue – Chick-fil-A
Conditional Use Permit with Site and Architectural Review (PLN2018-206)
purveyor. Such requirements shall be incorporated into the design of any water-
based fire protection systems, and / or fire suppression water supply systems or
storage containers that may be physically connected in any manner to an appliance
capable of causing contamination of the potable water supply of the purveyor of
record. Final approval of the system(s) under consideration will not be granted by
this office until compliance with the requirements of the water purveyor of record are
documented by that purveyor as having been met by the applicant(s). 2010 CFC
Sec. 903.3.5 and Health and Safety Code 13114.7.
66. Address identification. New and existing buildings shall have approved address
numbers, building numbers or approved building identification placed in a position
that is plainly legible and visible from the street or road fronting the property. These
numbers shall contrast with their background. Where required by the fire code
official, address numbers shall be provided in additional approved locations to
facilitate emergency response. Address numbers shall be Arabic numbers or
alphabetical letters. N umbers shall be a minim um of 4 inches (101.6 mm) high with
a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a
private road and the building cannot be viewed from the public way, a monument,
pole or other sign or means shall be used to identify the structure. Add ress numbers
shall be maintained. CFC Sec. 505.l
This review shall not be construed to be an approval of a violation of the provisions of
the California Fire Code or of other laws or regulations of the jurisdiction. A permit
presuming to give authority to violate or cancel the provisions of the Fire Code or other
such laws or regulations shall not be valid. Any addition to or alteration of approved
construction documents shall be approved in advance. [CFC, Ch.1, 105.3.6]